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33334 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Notices

chapter 35. Principal Deputy Assistant (Enhydra lutris nereis) stock in the State review the SARs (a) at least annually for Secretary for Community Planning and of . stocks that are specified as strategic Development, James A. Jemison II, Background stocks, (b) at least annually for stocks for having reviewed and approved this which significant new information is document, is delegating the authority to Under the MMPA (16 U.S.C. 1361 et available, and (c) at least once every 3 electronically sign this document to seq.) and its implementing regulations years for all other stocks. If our review submitter, Nacheshia Foxx, who is the in the Code of Federal Regulations of the status of a stock indicates that it Federal Register Liaison for HUD, for (CFR) at 50 CFR part 18, we regulate the has changed or may be more accurately taking; import; and, under certain purposes of publication in the Federal determined, then the SAR must be conditions, possession; transportation; Register. revised accordingly. (16 U.S.C. purchasing; selling; and offering for Nacheshia Foxx, sale, purchase, or export, of marine 1386(c)(2)). Federal Register Liaison for Department of . One of the goals of the A strategic stock is defined in the Housing and Urban Development. MMPA is to ensure that stocks of marine MMPA as a marine stock ‘‘(A) [FR Doc. 2021–12994 Filed 6–23–21; 8:45 am] mammals occurring in waters under for which the level of direct human- BILLING CODE 4210–67–P U.S. jurisdiction do not experience a caused mortality exceeds the [PBR] level of human-caused mortality and level; (B) which, based on the best serious injury that is likely to cause the available scientific information, is DEPARTMENT OF THE INTERIOR stock to be reduced below its optimum declining and is likely to be listed as a sustainable population (OSP) level. OSP under the and Wildlife Service is defined under the MMPA as ‘‘the Act of 1973 [, as number of which will result in [FWS–R8–ES–2021–N008; FF08EVEN00– amended] (16 U.S.C. 1531 et seq.) [the FXES111608MSSO0] the maximum productivity of the ‘‘ESA’’], within the foreseeable future; population or the species, keeping in or (C) which is listed as a threatened Protection Act; Stock mind the of the habitat species or endangered species under the Assessment Report for the Southern and the health of the of [ESA], or is designated as depleted which they form a constituent element’’ in California under [the MMPA].’’ (16 U.S.C. (16 U.S.C. 1362(9)). AGENCY: Fish and Wildlife Service, To help accomplish the goal of 1362(19)). Interior. maintaining marine mammal stocks at Stock Assessment Report History for ACTION: Notice of availability of final their OSPs, section 117 of the MMPA the Southern in California revised stock assessment report for the requires the Service and the National southern sea otter in California; Marine Fisheries Service (NMFS) to The southern sea otter SAR was last response to comments. prepare a SAR for each marine mammal revised in 2017 (82 FR 40793, August stock that occurs in waters under U.S. 28, 2017). Because the southern sea otter SUMMARY: In accordance with the jurisdiction. Each SAR must include: qualifies as a strategic stock due to its Marine Mammal Protection Act of 1972, 1. A description of the stock and its listing as a threatened species under the as amended (MMPA), and its geographic range; ESA, the Service reviewed the stock implementing regulations, we, the U.S. 2. A minimum population estimate, assessment in 2018. The review Fish and Wildlife Service (Service), current and maximum net productivity concluded that the status had not announce that we have revised our rate, and current population trend; changed, nor could it be more 3. An estimate of annual human- stock assessment report (SAR) for the accurately determined. However, upon southern sea otter stock in the State of caused mortality and serious injury by source and, for a strategic stock, other review in 2019, the Service determined California, including incorporation of that revision was warranted because its public comments. We now make our factors that may be causing a decline or impeding recovery of the stock; status could be more accurately final revised SAR available to the determined. Before releasing our draft public. 4. A description of commercial fishery interactions; SAR for public review and comment, we ADDRESSES: Document Availability: You 5. A categorization of the status of the submitted it for technical review may obtain a copy of the SAR from our stock; and internally and for scientific review by website at https://www.fws.gov/ventura/ 6. An estimate of the potential the Pacific Regional Scientific Review endangered/species/info/sso.html. biological removal (PBR) level. Group, which was established under the Alternatively, you may contact the The MMPA defines the PBR as ‘‘the MMPA (16 U.S.C. 1386(d)). In a January Ventura Fish and Wildlife Office, U.S. maximum number of animals, not 27, 2020, Federal Register notice (85 FR Fish and Wildlife Service, 2493 Portola including natural mortalities, that may 4696), we made our draft SAR available Road, Suite B, Ventura, CA 93003; be removed from a marine mammal for the MMPA-required 90-day public telephone: 805–644–1766. stock while allowing that stock to reach review and comment period. Following FOR FURTHER INFORMATION CONTACT: For or maintain its [OSP]’’ (16 U.S.C. the close of the comment period, we information on the methods, data, and 1362(20)). The PBR is the product of the revised the SAR based on public results of the stock assessment, contact minimum population estimate of the comments we received (see Response to Lilian Carswell by telephone (805–677– stock (Nmin); one-half the maximum Public Comments) and prepared the 3325) or by email (Lilian_Carswell@ theoretical or estimated net productivity final revised SAR. Between publication fws.gov). Persons who use a rate of the stock at a small population of the draft and final revised SARs, we telecommunications device for the deaf size (Rmax); and a recovery factor (Fr) of have not revised the status of the stock (TDD) may call the Federal Relay between 0.1 and 1.0. This can be written itself (the southern sea otter continues Service at 800–877–8339. as: to retain its status as a strategic stock). 1 SUPPLEMENTARY INFORMATION: We are PBR = (Nmin)( ⁄2 of the Rmax)(Fr) However, we have updated the SAR to announcing the availability of the final Section 117(c)(1) of the MMPA include the most recent information revised SAR for the southern sea otter requires the Service and NMFS to available.

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Summary of Final Revised Stock revised SAR for southern sea in Assessment Report for the Southern Sea California, which includes the stock’s Otter in California Nmin, Rmax, Fr, PBR, annual estimated The following table summarizes some human-caused mortality and serious of the information contained in the final injury, and status:

SUMMARY: DRAFT REVISED STOCK ASSESSMENT REPORT FOR THE SOUTHERN SEA OTTER IN CALIFORNIA

Annual estimated human-caused mortality and Southern Sea Otter Stock Nmin Rmax Fr PBR serious injury Stock status

Mainland ...... 2,863 0.076 0.1 10.88 Figures by specific source, where known, are pro- Strategic. vided in the SAR. ...... 99 0.192 0.1 0.95 Summary ...... 2,962 ...... 12

Response to Public Comments estimate in the SAR using the mainland habitats. Decades ago, it was rare for this minimum population estimate. Further, demographic to be observed in these We received comments on the draft the Commission recommends that the habitats. We know pups are challenging SAR from the Marine Mammal Service follow the guidance provided in to spot during aerial surveys and are Commission (Commission), the the Guidelines for Assessing Marine often missed and therefore not well California Department of Fish and Mammal Stocks (NMFS 2016) for documented in the standard survey Wildlife, and a consortium of rounding the PBR estimate and report method for these habitats. More recent environmental groups consisting of the PBR to one decimal place. ground-based survey work and Defenders of Wildlife, Friends of the Sea Response: We have corrected the incidental boat-based observations have Otter, the Humane Society of the United mainland PBR estimate and have confirmed the presences of mom-and- States, Humane Society Legislative followed the rounding guidance pup pairs in these open-water habitats. Fund, Earthjustice, Center for Biological provided in NMFS (2016). Response: We have eliminated Diversity, Ocean Preservation Society, Comment 3: The Commission excessive detail on habitat use. Welfare Institute, Earth Island recommends that the Service make its Comment 6: Although the pattern of Institute, and Earth Law Center. We stock assessment reviews available migration to the range peripheries was present substantive issues raised in yearly to the appropriate Scientific well documented in the past, it has not those comments that are pertinent to the Review Group (SRG) and the Marine been observed in over a decade. SAR, edited for brevity, along with our Mammal Commission from this point Response: We have eliminated responses below. forward. outdated data on habitat use. Comment 1: The Commission Response: We typically provide a Comment 7: A line should be added recommends that the Service review presentation to the Pacific SRG on the to Figure 2 to denote the current and revise the ‘‘Current and Maximum status of the southern sea otter. We will targeted recovery goal. Net Productivity Rates’’ section of the continue to make such presentations Response: We have not added a line SAR and provide a rationale for using and explain our stock assessment representing the threshold for delisting an Rmax that is consistent with the review process to the Pacific SRG and consideration for two reasons. First, we numbers used in the calculation of PBR. Commission. do not wish to detract from the purpose Further, the Commission recommends Comment 4: Per the Federal Register of this report under the MMPA, which that the Service consider the theory notice, since the southern sea otter stock is primarily to assess the progress of the behind use of Rmax in the PBR is considered strategic, the Service is to stock toward its OSP level and toward calculation and whether 0.13 (or the evaluate the stock annually and develop a zero-mortality goal for commercial default value of 0.12 for sea otters) is the SAR based on the best scientific fisheries interactions, not to evaluate appropriate for a single range-wide information available. This draft SAR progress toward recovery goals under calculation of PBR. was presented for public review in the ESA. Second, as we explain in text Response: We have revised the January 2020 and does not include that has been added to the Status of ‘‘Current and Maximum Net evaluation of 2019 data readily available Stock section, the threshold for delisting Productivity Rates’’ section of the SAR on population abundance and consideration was based on to clarify our reasons for using distribution. assumptions regarding the relationship particular Rmax values. We have Response: We review the SAR, based between effective population size and considered the theory behind the use of on the best scientific information actual population size that are now Rmax in the PBR calculation and added available, annually to determine known to be inaccurate. a brief discussion of the relevance of the whether the status of the stock has Comment 8: If the report is not PBR calculation to the southern sea otter changed or can be more accurately updated to reflect 2019 data, we suggest stock. We have not adopted a single determined. If such findings are made, that references in the report to ‘‘the past range-wide value of Rmax for the reasons we revise the SAR. Delays in 5 years’’ identify the specific 5-year described in the SAR. However, we will publication of the draft SAR in the period under consideration. present the issue for further Federal Register resulted in the notice Response: We have updated the SAR consideration by the Pacific Scientific of availability being published after to include the most recent available Review Group upon our next revision of additional census data had been information and have identified the 5- the SAR. reported. We have updated the SAR year period under discussion. Comment 2: The Commission with the latest available information. Comment 9: The paradigm shift in recommends that, at a minimum, the Comment 5: Adult females with pups understanding the reason for slow Service correct the mainland PBR do utilize open-water, soft-bottom population growth rates in California

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was 6–7 years ago and is not a recent activity such that it is included in Table Larson, S., R. Jameson, M. Etnier, T. Jones, development. The previous speculation 1? R. Hall. 2012. Genetic diversity and regarding the reasons for slow growth Response: Because it is often not population parameters of sea otters, focused on the difference in survival, possible to make a definitive Enhydra lutris, before trade extirpation from 1741–1911. PLoS ONE not reproduction. determination whether entanglements 7, e32205. https://doi.org/10.1371/ Response: We have revised the are due to commercial or recreational journal.pone.0032205. discussion of the effects of habitat gear, we have included here all known Marshall, K.N., I.C. Kaplan, E.E. Hodgson, A. configuration on growth rates. strandings caused by entanglement in Hermann, D.S. Busch, P. McElhany, T.E. Comment 10: There is no explanation unidentifiable gear. As a result, Essington, C.J. Harvey, and E.A. Fulton. why 13 percent was selected as Rmax for mortality in commercial fishing gear 2017. Risks of ocean acidification in the the San Nicolas Island subpopulation. may be overestimated for these California Current and categories. We have added a note to this fisheries: ecosystem model projections. Response: We have updated Rmax for Global Change Biology 23:1525–1539. the mainland and island subpopulations effect to Table 1. Miller, M.A., M.E. Moriarty, L.A. Henkel, and added citations to identify the Comment 17: Some shootings are M.T. Tinker, T.L. Burgess, F.I. Batac, E. source of these numbers. related to fishery interactions, and this Dodd, C. Young, M.D. Harris, D.A. Comment 11: The Federal Register cause of death is likely under-reported Jessup, J. Ames, P.A. Conrad, A.E. notice provides an explanation of the due to the lack of systematic Packham, and C.K. Johnson. 2020. intent and scale of the recovery factor. radiographs of all carcasses. Predators, disease, and environmental We suggest this explanation be included Response: We have added language to change in the nearshore ecosystem: mortality in southern sea otters (Enhydra in the report with some explanation of this effect to the SAR. Comment 18: The SAR does not lutris nereis) from 1998–2012. Frontiers how 0.1 was selected. in Marine Science. https://doi.org/ Response: We believe the SAR include mention of Gagne et al. (2018), 10.3389/fmars.2020.00582. adequately explains how a recovery who concluded that the suppositions Moriarty, M.E., M.T. Tinker, M.A. Miller, J.A. factor of 0.1 was selected because it underlying the effective population size Tomoleoni, M.M. Staedler, J.A. Fujii, F.I. Taylor et al. (2003) and lists the and the delisting threshold in the Final Batac, E.M. Dodd, R.M. Kudela, V. factors from that discussion that apply Revised Recovery Plan for the Southern Zubkousky-, and C.K. Johnson. to the southern sea otter stock. We have Sea Otter (2003) were flawed. 2021. Exposure to domoic acid is an not added further explanation. Response: We have added a reference ecological driver of cardiac disease in southern sea otters. Harmful 101. Comment 12: There is no evidence the to Gagne et al. (2018) to the SAR. However, we note that the species status https://doi.org/10.1016/ California yellowtail, barracuda, and j.hal.2020.101973. white seabass or California thresher assessment process we are undertaking Moxley, J.H., T.E. Nicholson, K.S. Van shark/swordfish drift gillnet fisheries under the ESA is distinct from our Houtan, S.J. Jorgensen. 2019. Non- have sea otter incidental take because it obligations under the MMPA. trophic impacts from white sharks is unlikely there is any overlap of these Additional References Cited complicate population recovery for sea fisheries and sea otter habitat. We otters. and Evolution 9:6378– suggest these be deleted. Gagne, R.B., M.T. Tinker, K.D. Gustafson, K. 6388. Response: We have removed these Ralls, S. Larson, L.M. Tarjan, M.A. National Marine Fisheries Service. 2016. Miller, and H.B. Ernest. 2018. Measures Guidelines for Preparing Stock drift gillnet fisheries due to a lack of of effective population size in sea otters Assessment Reports Pursuant to Section habitat overlap. reveal special considerations for wide- 117 of the Marine Mammal Protection Comment 13: We suggest the squid ranging species. Evolutionary Act. National Marine Fisheries Service purse-seine fishery be presented as a Applications 11:1779–1790. Instruction 02–204–01. http:// potential risk. Gobler, C.J., O.M. Doherty, T.K. Hattenrath- www.nmfs.noaa.gov/op/pds/index.html. Response: We have added the Lehmann, A.W. Griffith, Y. Kang, and Nichol, L.M., T. Doniol-Valcroze, J.C. California squid purse seine fishery to R.W. Litaker. 2017. Ocean warming since Watson, and E.U. Foster. 2020. Trends in the SAR based on analogy with the 1982 has expanded the niche of toxic growth of the sea otter (Enhydra lutris) California purse seine fishery for algal blooms in the North Atlantic and population in 1977 to North Pacific oceans. Proceedings of the 2017. Research Document 2020/039. northern anchovy and Pacific sardine. National Academy of Sciences of the Fisheries and Oceans , Ottawa, Comment 14: Mortality of sea otters in of America 114:4975–4980. Ontario, Canada. http:// traps set for , lobsters, and finfish Harvell, C.D., D. Montecino-Latorre, J.M. publications.gc.ca/site/archivee- is likely under-reported due to the Caldwell, J.M. Burt, K. Bosley, A. Keller, archived.html?url=http:// challenges of identifying as a S.F. Heron, A.K. Salomon, L. Lee, O. publications.gc.ca/collections/ cause of mortality in marine mammals. Pontier, C. Pattengill-Semmens, and J.K. collection_2020/mpo-dfo/fs70-6/Fs70-6- Response: We have added this Gaydos. 2019. Disease epidemic and a 2020-036-eng.pdf. information. marine heat wave are associated with the Nicholson, T.E., K.A. Mayer, M.M. Staedler, J.A. Fujii, M.J. Murray, A.B. Johnson, Comment 15: If possible, the hook- continental-scale collapse of a pivotal predator (Pycnopodia helianthoides). M.T. Tinker, and K.S. VanHoutan. 2018. and-line fishers should be separated Science Advances 5, eaau7042. https:// Gaps in cover may threaten the from this discussion of trap fishers. The doi.org/10.1126/sciadv.aau7042. recovery of California sea otters. ‘‘stick gear’’ used by some hook-and-line Hatfield, B.B., J.L. Yee, M.C. Kenner, and J.A. Ecography 41:1751–1762. commercial fishers likely presents a Tomoleoni. 2019. California sea otter Tinker, M.T., S.M. Espinosa, M.M. Staedler, different risk (entanglement). (Enhydra lutris nereis) census results, J.A. Tomoleoni, J. Fujii, R. Eby, R. Response: These fisheries are grouped spring 2019. U.S. Geological Survey Data Scoles, M.C. Kenner, B. Hatfield, C. together in one category in the List of Series 1118, Reston, Virginia, USA. Fuentes, J.K. Lindsay, T. Nicholson, M. Fisheries, and separate data for the https://doi.org/10.3133/ds1118. Murray, M. Young, K. Mayer, E. Dodd, S. Jeffries, S., D. Lynch, J. Waddell, S. Ament, Fork, and K. Wasson. 2018. The different fishery components are not and C. Pasi. 2019. Results of the 2019 population status and ecology of sea available. survey of the reintroduced sea otter otters in , California: final Comment 16: How has ‘‘unknown population in State. report for California Coastal Conservancy hook and line’’ been confirmed as Washington Department of Fish and and U.S. Fish and Wildlife Service. U. S. commercial versus recreational fishing Wildlife, Lakewood, Washington, USA. Geological Survey, Santa Cruz,

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California, USA. DEPARTMENT OF THE INTERIOR selling; and offering for sale, purchase, Tinker, M.T., V.A. Gill, G.G. Esslinger, J. or export, of marine mammals. One of Bodkin, M. Monk, M. Mangel, D.H. Fish and Wildlife Service the goals of the MMPA is to ensure that Monson, W.E. Raymond, and M.L. stocks of marine mammals occurring in Kissling. 2019a. Trends and carrying [FWS–R7–ES–2018–N051; capacity of sea otters in Southeast FXES111607MPB01–189–FF07CAMM00] waters under U.S. jurisdiction do not . Journal of Wildlife Management experience a level of human-caused 83:1–17. Marine Mammal Protection Act; Stock mortality and serious injury that is Tinker, M.T., J.A. Tomoleoni, B.P. Weitzman, Assessment Reports for Two Stocks of likely to cause the stock to be reduced M. Staedler, D. Jessup, M.J. Murray, M. Polar below its optimum sustainable Miller, T. Burgess, L. Bowen, A.K. Miles, population level (OSP). The OSP is N. Thometz, L. Tarjan, E. Golson, F. AGENCY: Fish and Wildlife Service, defined under the MMPA as ‘‘the Batac, E. Dodd, E. Berberich, J. Kunz, G. Interior. number of animals which will result in Bentall, J. Fujii, T. Nicholson, S. ACTION: Notice of availability; response Newsome, A. Melli, N. LaRoche, H. the maximum productivity of the MacCormick, A. Johnson, L. Henkel, C. to comments. population or the species, keeping in Kreuder-Johnson, and P. Conrad. 2019b. mind the carrying capacity of the habitat SUMMARY: In accordance with the Southern sea otter (Enhydra lutris nereis) and the health of the ecosystem of Marine Mammal Protection Act of 1972, population biology at and which they form a constituent element’’ as amended, we, the U.S. Fish and Monterey, California; investigating the (16 U.S.C. 1362(9)). consequences of resource abundance and Wildlife Service, after consideration of To help accomplish the goal of anthropogenic stressors for sea otter comments received from the public, maintaining marine mammal stocks at recovery. U.S. Geological Survey Open- have revised marine mammal stock their OSPs, section 117 of the MMPA File Report 2019–1022. U.S. Geological assessment reports for each of the two Survey, Reston, Virginia, USA. requires the Service and the National polar stocks in Alaska. We now Marine Fisheries Service (NMFS) to Tinker, M.T., J.L. Yee, K.L. Laidre, B.B. make the final revised stock assessment Hatfield, M.D. Harris, J.A. Tomoleoni, prepare a SAR for each marine mammal T.W. Bell, E. Saarman, L.P. Carswell, reports for the Southern stock that occurs in waters under U.S. A.K. Miles. 2021. Habitat features predict stock and the Chukchi/Bering jurisdiction. A SAR must be based on carrying capacity of a recovering marine polar bear stock available to the the best scientific information available; . Journal of Wildlife public. therefore, we prepare it in consultation Management 85:303–323. https://doi.org/ ADDRESSES: Document Availability: You 10.1002/jwmg.21985. with an independent Scientific Review Wellman, H.P. 2018. Applied zooarchaeology may obtain a copy of the Southern Group (SRG) established under section and sea otters (Enhydra Beaufort Sea polar bear and Chukchi/ 117(d) of the MMPA. Each SAR must lutris). Marine Mammal Science 34:806– Bering Seas polar bear stock assessment include: 822. reports by any one of the following 1. A description of the stock and its Wellman, H.P., R.M. Austin, N.D. Dagtas, methods: geographic range; M.L. , T.C. Rick, and C.A. Hofman. • Internet: https://www.fws.gov/ 2. A minimum population estimate, 2020. Archaeological mitogenomes alaska/pages/marine-mammals/polar- current and maximum net productivity illuminate the historical ecology of sea bear (for both polar bear stocks). rate, and current population trend; otters (Enhydra lutris) and the viability • Write to or call (during normal 3. An estimate of the annual human- of reintroduction. Proceedings of the Royal Society B: Biological Sciences 287, business hours from 8 a.m. to 4:30 p.m., caused mortality and serious injury by 20202343. https://doi.org/10.1098/ Monday through Friday) Dr. Patrick source and, for a strategic stock, other rspb.2020.2343. Lemons, Chief, U.S. Fish and Wildlife factors that may be causing a decline or Service, Marine Mammals Management impeding recovery of the stock; Authority Office, 1011 East Tudor Road, MS–341 4. A description of commercial fishery The authority for this action is the Anchorage, Alaska 99503; telephone: interactions; Marine Mammal Protection Act of 1972, (800) 362–5148. 5. A categorization of the status of the as amended (16 U.S.C. 1361 et seq.). FOR FURTHER INFORMATION CONTACT: Dr. stock; and 6. An estimate of the potential Signing Authority Patrick Lemons, Marine Mammals Management Office by telephone (800) biological removal (PBR) level. The Director, U.S. Fish and Wildlife 362–5148 or by email The MMPA defines the PBR as ‘‘the Service, approved this document and ([email protected]). Persons maximum number of animals, not authorized the undersigned to sign and who use a telecommunications device including natural mortalities, that may submit the document to the Office of the for the deaf (TDD) may call the Federal be removed from a marine mammal Federal Register for publication Relay Service at (800) 877–8339. stock while allowing that stock to reach electronically as an official document of or maintain its OSP’’ (16 U.S.C. SUPPLEMENTARY INFORMATION: We the U.S. Fish and Wildlife Service. 1362(20)). The PBR is the product of the announce the availability of the final Martha Williams, Principal Deputy minimum population estimate of the revised stock assessment reports (SARs) Director Exercising the Delegated stock (N ); one-half the maximum for two stocks of polar bears ( min Authority of the Director, U.S. Fish and theoretical or estimated net productivity maritimus). Wildlife Service, approved this rate of the stock at a small population document on June 17, 2021, for Background size (Rmax); and a recovery factor (Fr) of publication. Under the Marine Mammal Protection between 0.1 and 1.0, which is intended Krista Bibb, Act (MMPA; 16 U.S.C. 1361 et seq.) and to compensate for uncertainty and unknown estimation errors. This can be Acting Regulations and Policy Chief, Division its implementing regulations in the of Policy, Economics, Risk Management, and Code of Federal Regulations (CFR) at 50 written as: 1 Analytics, Joint Administrative Operations, CFR part 18, the U.S. Fish and Wildlife PBR = (Nmin)( ⁄2 of the Rmax)(Fr). U.S. Fish and Wildlife Service. Service (Service) regulates the taking; Section 117 of the MMPA also [FR Doc. 2021–13209 Filed 6–23–21; 8:45 am] import; and, under certain conditions, requires the Service and the NMFS to BILLING CODE 4333–15–P possession; transportation; purchasing; review the SARs (a) at least annually for

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